[WSBARP] UD Gurus

Fri Mar 6 15:50:12 PST 2015

Thanks for everyone’s response.  The Sheriff’s move out date has not occurred so I will get the landlord to ask the Sheriff to chase methhead out of the other unit.  Live and learn, I am now changing my UD forms as suggested by Jean.  

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Jean M. McCoy
Sent: Thursday, March 5, 2015 1:32 PM
To: 'WSBA Real Property Listserv'
Subject: Re: [WSBARP] UD Gurus

Has the Sheriff’s move out date occurred?  If so, find out if the Sheriff is willing to go out and use the prior Writ executed to get meth-head to leave the park.  Our mobile home writs usually list the address of the park and state “including, but not limited to Space 10”, so it includes the entire park.  If the move-out date is still to come and meth-head is a named defendant, at the time of move-out direct the Sheriff to knock on neighbor’s door and see if that will work. 

Other option is to give a 15-day notice to the other tenant for having an unauthorized occupant.  The other tenant usually gets rid of their “friend” pretty quickly if their tenancy is under scrutiny.

Jean M. McCoy | Attorney
 <http://www.landerholm.com/> 
805 Broadway Street, Suite 1000
P.O. Box 1086
Vancouver, WA  98666-1086
T: 360-816-2526 (direct) | T: 503-283-3393 | F: 360-696-2122
 <http://www.landerholm.com/> www.landerholm.com

From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com>  [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Ben Wolff
Sent: Thursday, March 05, 2015 12:46 PM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] UD Gurus

Would seem to me that UD is a special statutory proceeding to determine the right of possession of specific property.  Other proceedings would be necessary (e.g., restraining order) to keep individual off property.

----- Original Message ----- 

From: Paul Neumiller <mailto:pneumiller at hotmail.com>  

To: wsbarp at lists.wsbarppt.com <mailto:wsbarp at lists.wsbarppt.com>  

Sent: Thursday, March 05, 2015 12:08 PM

Subject: [WSBARP] UD Gurus

New situation for me and can’t find any law on this.  Through standard UD action, obtained a Writ of Restitution against named tenant and all persons residing at that mobile home lot number, say “Space 10.”.  It appears that one of the named tenants (meth-head) may move out and in with another mobile home owner that wasn’t getting evicted but is still in the same mobile home park.  The other named tenant is removing his mobile home. 

I can see both sides.  Landlord can argue that T is being evicted from LL’s entire property and she can’t avoid the eviction just by couch surfing in another unit. (I can see this happening in an apartment complex under WA Residential LL/T law.)  T can argue that she was evicted from Space 10 only and that she has every right to be someone’s guest, even if in the same mobile home park.   

Any thoughts?  Landlord wants her gone.

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